New Delhi : The Supreme Court Friday issued notice on a PIL filed by the National Federation of Indian Women (NFIW) seeking court’s intervention in view of the alarming rise in cases of lynching and mob violence against Muslims despite clear guidelines and directions having been issued by the apex court in Tehseen S.Poonawalla ruling (2018).
A bench comprising justices BR Gavai and JB Pardiwala sought response from the Centre ministry and the police chiefs of Orissa, Rajasthan, Maharashtra, Bihar, Madhya Pradesh, and Haryana.
Senior advocate Kapil Sibal, representing NFIW, contended that invoking the jurisdiction of all the high courts would be futile and if he is asked to move to the concerned high court then nothing will happen and, in this process, the victims will not get anything. Sibal said this is happening despite the Tehseen Poonawalla judgment and pressed, “where do we go? This is a very serious matter.”
After hearing Sibal’s submissions, the top court issued notice on the PIL. In the Poonawalla judgment, the top court had issued comprehensive guidelines to the Centre and state governments to prevent lynching and mob violence.
The NFIW’s plea said in view of the alarming rise in cases of lynching and mob violence against the Muslim community, the petitioner is seeking a writ in the nature of mandamus to the concerned state authorities to take immediate action in terms of the findings and directions of this court in Tehseen Poonawalla judgment. “The instant urgent relief is also being sought in view of the consistent failure of the State machinery to take adequate preventive and consequential action to curb the menace of lynching & mob violence”, said the plea , filed through advocates Sumita Hazarika and Rashmi Singh.
The plea cited the recent incident of lynching, which occurred on June 28, 2023, in Saran District of Bihar where a 55-year-old truck driver named Jaharuddin was lynched by a mob on suspicion of carrying beef. This incident was on the heels of two separate incidents of lynching that took place in Nashik, Maharashtra, it added.
The plea said: “On 24.06.2023, Afan Ansari and Nasir Hussain were intercepted by a mob on suspicion of smuggling beef and while shouting "Jai Shree Ram", the men brutally assaulted them. Afan died, while Nasir is currently undergoing treatment at Mumbai's state-run KEM hospital. On 08.06.2023 a 23-year-old Lukman Ansari who was a daily wage earner was lynched by members of the Rashtriya Bajrang Dal (RBD) for transporting two cows”.
The plea contended that “the present incidents of lynching and mob violence should be seen as the result of the general narrative of ostracization of the minority communities through false propaganda that is being spread by means of public events where hate speeches are made targeting the minorities as well as through social media channels, news channels, and films”.
The plea said in order ensure immediate relief to the victims of mob violence/lynching, a portion of the total amount of compensation that is to be granted should be given to the victims or their families immediately after the incident as interim compensation. “Additionally, a minimum uniform amount, as deemed appropriate by this Hon’ble Court, may be granted to the victims in addition to the amount that may be determined by the respective State authorities after taking into consideration factors such as nature of bodily injury, psychological injury and loss of earnings including loss of opportunities of employment and education and expenses incurred on account of legal and medical expense”, it said.
